Stephen Allred’s Answers

Should I plead guilty to domestic assault for hitting my father in law in front of a minor when he was threatening to hurt me?

In the house we share together with my wife and infant daughter, my father in law was verbally abusing me and telling me I should either be dead or leave the area, and then came after me. I defended myself and admitted to the police that I threw ...

Stephen’s Answer

December 26, 2014 7:00pm

To get right to the point, you should plead "not guilty" at your first appearance in front of the judge. Pleading "not guilty" gives you and your attorney (your really need an attorney when dealing with domestic violence charges) time to evaluate all the evidence and decide on a course of action. You are entitled to a trial if you so choose, and to be able to confront witnesses against you. Pleading "not guilty" ensures your constitutional rights moving forward. There are many possible ways that your case can be resolved and many negative outcomes that can be avoided by taking the proper time to review your case and negotiate with the prosecutor.

You may show up and the prosecutor will tell you that you will do no jail time if you plead guilty. That may sound fine, but there are many collateral consequences that come from entering a guilty plea to a Domestic Violence offense. You will lose your ability to own or possess a firearm. A guilty plea to such a charge may cause you to lose your job.

You should talk to an attorney and retain one to assist you in your case. Best of luck.

What will be the best lawyer?

Student athlete in college trying to pursue and degree in criminal justice. I've been charged with identity fraud that I will admit to. I have another charge for unlawful use of credit cards, in which I am innocent and I will not take credit for t...

Stephen’s Answer

December 17, 2014 6:24pm

You need a criminal defense attorney to assist you in defending against these charges. Call around, most of us offer a free consultation. I would be happy to speak with you in more detail. You really need to talk to an attorney so the details can be fleshed out and we can advise you on the best course of action to proceed.

Is being in the Public Park after hours Criminal or Infraction in Utah?

The Prosecutor wants me to plead guilty to being in the Public Park after hours. Should I take the plea or fight the charge?

Stephen’s Answer

November 25, 2014 10:11pm

You should call and speak wth a defense attorney about the specifics of your case. Without knowing any of the specific facts associated with your case, no clear answer can be given. If you were in the park after the posted hours then there's not much point in fighting the charge. If you have no prior history, then a plea in abeyance to the charge might be a good resolution for your. You need to speak with an attorney for anything more definite.

I showed up for arraignment, but they said that the case had not been filed yet. Is this legal to make me wait indefinitely?

I eventually contacted the Utah County Attorney's Office who said it had not been filed yet, however when I was booked a month ago they gave me a specific date and time to show up, which I did.

Stephen’s Answer

November 25, 2014 10:05pm

You won't be waiting indefinitely, the State has to file charges within the prescribed statute of limitations. Watch your mail for a summons to appear in court again. You can retain counsel now and have the attorney talk to the prosecutor's office. If there are some highly defensible elements to your case, he or she may be able to persuade the prosecutor to decline to file the charges.

Is there hope for a good man to reverse a mistake with parole..

I was sentenced to two years prison in Idaho for felony D.U.I..i served one year then released on parole..After 5 mo. i left state due to inability to survive ..I'm from Washington state and had no support in Idaho..What can i
do to
correct my...

Stephen’s Answer

November 25, 2014 4:55am

You will likely need an attorney to deal with your potential parole violation. From what you have stated you left the state without getting permission for an interstate compact back to Washington. You can be upset about the sentence all you want at this point, but it will not help the situation. Sentence was passed, you served over a year. You can't do anything about that now. Your immediate concern is that you could be sent back to prison to serve the remaining year if you left the state and skipped out on parole. You better retain an Idaho attorney to assist you.

What happens if the arresting officer does not show up in court and neither does the person who pressed charges?

Aggregated assult as a minor, did 16months in the county then got out on a 5year probation....then caught 2 violations of probatio. domestic assult and evading arrest

Stephen’s Answer

November 24, 2014 6:57pm

I'm assuming you mean if these witnesses don't show up for trial or a preliminary hearing when they've been subpoenaed to appear. There are a couple of things that could happen. First, the judge could dismiss the case as there is no victim and no officer to testify against you. Second, the prosecutor could ask for a continuance to get more time to get his witensses to court. No matter what, because you're dealing with new charges and a possible probation violation, you need to retain an attorney to assist you. There a some serious consequences associated with your charges, and you need good representation to deal with it.

Shoplifted at khols. Do I pay civil demand?

It was the dumbest thing I couldve done I know, I just want to know the next best step to take. I filled out the form not to return. They took my photo, I cooperated calmly and returned the merchandise I had, one item at $60 undamaged and they eve...

Stephen’s Answer

November 24, 2014 6:51pm

My colleagues are spot on, retain an attorney. You'll need one to help you mitigate the damage here. Speak with the attorney you retain about paying the civil demand. Frankly, the likelihood of them pursuing a civil claim agaisnt your for $375 is pretty low.

Can I get my license back? Or a special permit to drive to school?

I was charged with consumption of marijuana in a school zone and I have my license suspended til I'm 17 (1 year suspension) I'm still only 15 and I was wondering if I can do anything to get that overturned. I've done all my community service hours...

Stephen’s Answer

November 24, 2014 6:25pm

Utah does not allow for any type of limited license when the suspension is for alcohol or drugs. As you have stated you're only 15, this had to have taken place in the juvenile court. You should contact your defense attorney from the case for more specifics. If you entered a guilty plea, you will not be getting your license back any sooner. The driver license division suspension is completely separate from the courts. The suspension is mandated by statute. Best thing is to contact your attorney from the case, or contact another attorney where you can give more specific information than you can here.

Am I right to feel that Harmons employees actions weren't justified ? If so what do I do?

Pleading not guilty to a shoplifting charge I received a couple months ago. When I was about to leave the store with a bottle of $6.00 makeup remover (going through closing doors) I was stopped by a man who asked if product was my hand, I said yes...

Stephen’s Answer

November 21, 2014 4:36am

You're putting the cart before the horse here. While you may feel their actions were not justified, you first need to worry about the shoplifting charge. The Harmon's employee's actions are predicated upon the belief that you were committing a theft of store merchandise. You need to resolve the criminal case first. If you did actually pay for the merchandise, and did not commit a theft, you will need to vigorously pursue defending yourself in court. This may mean going to trial to establish your innocence. If you accept any type of plea deal, you can forget any type of civil suit against Harmon's for excessive force, assault, or anything else. If you are found guilty or accept a plea deal that means the employee's actions are justified in detaining you as a shoplifter. If you do not have a criminal defense attorney, you need to retain one quickly.

Is writing a story with sexual content in it against the law if my writing partner is 14?

I've been writing a story with a friend online (Never met in real life before) and in our story there is sexual content. I have just found out that my online writing partner is 14 years old. I am 23. Could I get in trouble? The stories sexual ...

Stephen’s Answer

November 21, 2014 4:24am

Certain people, such as prosecutors and law enforcement, could try to find something inappropriate in what you're doing. What you need to be very cautious of, is that you two are not have discussions of a sexual nature back and forth. If you two are exchanging your ideas for chapters and so forth and your conversations about the development of a story is very clear you should be fine. The area to be concerned of, is that if you two are discussing anything sexual, you could be viewed by the wrong person as trying to entice a minor. You need to make sure the communications are titled in a way that anyone would know you are collaborating on a book.